I would like to know how to report a company that works their workers overtime and doesn’t pay them overtime wages?

UPDATED: Sep 30, 2012

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I would like to know how to report a company that works their workers overtime and doesn’t pay them overtime wages?

Also, I don’t work for the company, my girlfriend does. They make everyone work 10-12 hour shifts without overtime.

Asked on September 30, 2012 under Employment Labor Law, California


Linh Nguyen / Law Offices of Linh T. Nguyen

Answered 10 years ago | Contributor

Unless you are an exempt employee, you must be paid overtime at a rate of 1.5 times your regular rate for any hours worked in excess of 8 hours per day or 40 hours per week.  In California, you can report violations to the California Labor Commissioner.  You can also find an attorney to file a claim on your behalf with the Labor Commissioner or in civil court.  Under California Labor Law, it often makes sense to file a claim after you have been terminated or quit.  This would allow you to claim unpaid overtime going back three years and also allow you to claim waiting time penalties equal to a full day of pay at your regular wage for up to 30 days if your employer's failure is deemed knowing and willful.  If this illegal behavior by your employer is systematic, it may be worth your while to talk to an attorney about pursuing a class action claim against your employer.  Good luck.

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